Anti-Corruption Commissions in the African State: Burying the Problem or Addressing the Issue?

Abstract

Endemic corruption is one the leading obstacles to political, economic and social development; corrupt acts not only undermine the rule of law but also hinder the effectiveness and sustainability of any reform programs. There is a recent trend, especially in sub-Saharan Africa, for governments to establish anti-corruption commissions - distinct, independent, national agencies charged with combating corruption. The multilateral development banks, aid agencies, and anti-corruption NGO's have all promoted the establishment of such bodies, claiming that they form an integral part of a country's National Integrity System ("NIS"). The recent UN Convention Against Corruption (UNCAC) also makes specific provision for their establishment. However, anti-corruption commissions are costly to establish and to effectively run. Furthermore, they have often attracted criticism for being ineffective and politicized. The purpose of the paper is to undertake an institutional analysis of the value-added that independent anti-corruption bodies provide in an anti-corruption strategy, and identify the various models and factors that may make such bodies effective in the African state. This paper addresses the experiences of three established anti-corruption commissions in Africa, and assesses why they have proven to be successful or weak. These include:- Botswana's Directorate for Corruption and Economic Crime (DCEC)- Nigeria's Economic and Financial Crimes Commission (EFCC)- Kenya's Anti-Corruption Commission (KACC)The general arguments that frame the paper are that such bodies can play a critical role in the anti-corruption strategies of African states, provided they have certain structures and functions. Another objective of this paper is to inform those African states with newly established anti-corruption commissions or those that are in the process of establishing anti-corruption commissions, with some best practice guidelines.